KAPIL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted for the offence under Section 302 read with 34 of the Indian Penal Code and awarded life imprisonment by the judgment and order dated 10.1.2002/11.1.2002 passed by the learned Additional Sessions Judge in Sessions Trial No. 218 of 1997/129 of 2001 arising out of Pakribarawan P.S.Case No. 120 of 1996.

(2.) THE fardbayan of Janaki Devi, P.W.3 was recorded on 13.10.2007 at 12.20 P.M. at State dispensary, Pakribarawan by officer -in -charge of the said P.S, S.I.B.K. Singh, P.W.10. The prosecution case as appearing for the fardbayan, in brief, is to the effect that on 13.10.1996 in the morning hours the husband of the informant, Keshar Yadav (the deceased) went to attend the call of nature and the informant accompanied him because of fear to the life of the deceased from the appellant. On the east of the village there was a river and further east, there was field of one Hari Yadav. When they had reached near that paddy field then suddenly they were surrounded by co -villager Kapil Yadav (the appellant), his father Prasadi Yadav and one unknown person who all came from behind. This happened at about 7.30 A.M. The appellant and his father had FARSAS in their hand and one unknown person was armed with a lathi. After surrounding the deceased, the appellant (Kapil Yadav) assaulted with farsa on head while uttering that the deceased should be done to death. The blow caused injury on the head and as a result, the deceased fell down. The second blow was also given by the appellant on head which struck on the back portion and the deceased became unconscious. Prasadi Yadav, father of the appellant gave a farsa blow to the decease on the left leg above the ankle causing a cut injury. The unknown person assaulted the informant with lathi which caused injuries on her left hand as well as left leg. Seeing the occurrence, her son Ram Bilash Yadav (P.W 2) came from the village and on his nulla, the three accused persons fled away towards east. The occurrence was seen by several persons from her village Hasanganj and from the neighbouring village, Kachana and those persons reached the place of occurrence later on. The reason of the occurrence was said to be kidnapping of her son by Kapil Yadav, the appellant and in connection with that case, he had gone to jail custody and after coming out, he had been threatening. The unconscious husband of the informant was taken to government hospital Pakariwaran on a Thela Rickshaw and there the doctor declared him dead. On arrival of the officer -in -charge of the police station at the hospital, the informant gave her fardbayan (Ext -4). The formal FIR was lodged on the same date at 13.00 hours.

(3.) THE defence of the appellant as appearing from the trend of cross -examination is that he has falsely been implicated on account of enmity and that the deceased was a man with criminal background and he was killed by some enemy on account of some dispute and not by the appellant.